'I wish I had had a bracelet'

Aberdeen man on way to recovery; attorneys see pros, cons to breath tests

Aberdeen man on way to recovery; attorneys see pros, cons to breath tests

March 02, 2008|By Russ Keen, rkeen@aberdeennews.com

One bad day in the life of Jim Knapp of Aberdeen might have gone better if there had been no rain - and if he had been ordered by the courts to wear an electronic bracelet that detects alcohol in the body. “I wish I had had a bracelet,” said Knapp, 38, who said he is on the road to recovery from alcoholism and a history of drunken-driving convictions. The 2007 South Dakota Legislature's decision to spend about $400,000 to buy more such bracelets will probably help people with drinking issues come to grips with their problem, Knapp said. On that bad day last year, Knapp needed to get to the Brown County Jail for a preliminary breath test required of him twice a day because of his drunken-driving convictions. But it was raining hard and Knapp had no driver's license - also because of the DUI. He didn't want to ride his bike to the jail in the cold, morning rain. So he tried calling around for a ride, but fell back asleep in the process and missed his jail appointment. So when he showed up later he was thrown in a cell for a few days for not showing up on time. A bracelet would have prevented that, he said, because those who wear the bracelets don't have to take breath tests. The alcohol-detecting bracelets send electronic messages directly from the wearer's skin to authorities, eliminating the need for offenders to travel to take breath tests. Knapp had another bad day. He would drink between breath tests, which he took at 9:30 a.m. and about 12 hours later. Twice-a-day tests were required every day because he was on surveillance 24 hours a day, seven days a week - what's called the 24/7 program. “I would test at 9:30 and start drinking at 10. I would count my beers,” to make sure he didn't drink so much that alcohol would show up on his next test, he said. That particular day, “I lost track of how many I had.” He failed the next test and once again ended up in a jail cell. “But I never failed again,” he said. “I finally got it. I finally realized, 'This is not going well. I've got to do something to change my life.' “If I had had a bracelet, I would have got it a lot sooner. Bracelets would keep many people straight and help them realize they have a problem.” Life was loaded with inconveniences before he “got it.” Knapp held down two jobs in Aberdeen, getting to and from both on his bicycle, often in bad weather. Plus, he had to bike to the jail twice daily for the tests. “And I was able to drink the whole time,” he said. 'Cheating can be done': It's common knowledge that some people consume alcohol in between tests without being detected, said Craig Nelson, the Brown County sheriff's deputy in charge of administering the program on the law-enforcement side. He is also head of the county jail. “It can be done. It is possible to cheat,” Nelson said. Knapp has completed treatment for alcohol abuse and has not used it since Nov. 10, he said. He received his driver's permit last week and now gets around town in his pickup. More bracelets should also reduce the workload for jail staff because the jail is extremely busy during the hours people come for breath tests, he said. “I'm sure it's a hassle for jail workers.” A jail perspective: Almost 100 people come twice a day for breath tests under the 24/7 program, Nelson said, and another dozen or so are required to take one once a day. It takes a minute at most to perform test, and jailers usually do the work, he said. But the county began advertising last week for part-time workers to perform the tests. Nelson said they would be paid entirely from revenue collected from those who take the tests; they pay $1 per test. Those who wear bracelets pay a $25 activation fee, $5 daily for each day they wear the bracelet and a $25 deactivation fee when they no longer need to wear it. The county gets the two, $25 fees. The state gets all the daily fee money to maintain and buy bracelets, which run about $1,400 each, Nelson said. Brown County has nine bracelets, eight of which were being worn by offenders as of late Friday. Tentatively, the county is expected to get six more bracelets as a result of the funding approved by the legislature. Attorneys speak: Surveillance 24/7 with breath tests began in Brown County a couple of years ago as a state pilot program. Some Aberdeen attorneys give it a partial thumbs-up and a partial thumbs-down. “It is a wonderful program for some of our clients,” said attorney Randy Turner. “We appreciate it when it works and protects the public and does the things it is supposed to do. “There are times, however, when it is a big hassle without any real benefit either to our clients or the public.” For example, the tests could be viewed as a mandatory form of punishment before a person is even convicted of DUI, Turner said. And judges are given limited discretion as to who gets 24/7 and who doesn't, he said. Anyone who wants a work permit after a second DUI must be on 24/7 and take the tests twice a day. “It can become a real hardship on them,” Turner said. “If you have a minimum wage job and live in Hecla, there is no way you can afford it,” Turner said. Each person taking the test pays a dollar each time, or $2 a day, or about $60 a month. Then there's the gas it takes to drive back and forth from Hecla to the county jail in Aberdeen twice a day. But bracelets are designed to serve those people who live long distances from the county jail so they don't have to cover all those miles, said Lori Ehlers, an assistant Brown County state's attorney. Regarding financial hardship, some offenders would be paying a lot more under the old system, Ehlers said. Bonds that offenders pay to stay out of jail were considerably higher before the 24/7 program started about two and a half years ago, she said. Surveillance 24/7 also helps keep the jail from being overcrowded, Ehlers said. “I've gotten a lot of feedback from people on the program who say it has helped them make the right choice,” she said. Turner said more bracelets would alleviate the hassle of getting to and from the jail twice daily, he said, but bracelet-wearers pay, too. Attorney Bill Gerdes of Aberdeen agrees with Turner. Surveillance 24/7 with breath testing can be a good and appropriate tool, Gerdes said. “But to subject everyone to it without considering the need for it is just wrong.”